Law of Bangladesh

Source: Wikipedia, the free encyclopedia.

Bangladesh is a

Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens.[1] The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law
obligations.

During periods of

NGO law, media regulation law, military justice and aspects of its property law
. Many colonial laws require modernization.

There are no

jury trials in Bangladesh. All criminal and civil cases are decided in bench trials
.

According to the World Justice Project, Bangladesh ranked 103rd out of 113 countries in an index of the rule of law in 2016.[2]

Fundamental rights in Bangladesh

Part III of the Constitution of Bangladesh includes the articles of fundamental rights.[3]

  1. Laws inconsistent with fundamental rights to be void (Article-26)
  2. Equality before law
    (Article-27)
  3. Discrimination on grounds of religion, etc. (Article-28)
  4. Equality of opportunity in public employment (Article-29)
  5. Prohibition of foreign titles, etc. (Article-30)
  6. Right to
    protection of law
    (Article-31)
  7. Protection of
    personal liberty
    (Article-32)
  8. Safeguards as to arrest and detention (Article-33)
  9. Prohibition of forced labour (Article-34)
  10. Protection in respect of trial and punishment (Article-35)
  11. Freedom of movement (Article-36)
  12. Freedom of assembly (Article-37)
  13. Freedom of association (Article-38)
  14. Freedom of thought and conscience, and of speech (Article-39)
  15. Freedom of profession or occupation (Article-40)
  16. Freedom of religion (Article-41)
  17. Rights of property
    (Article-42)
  18. Protection of home and correspondence (Article-43)
  19. Enforcement of fundamental rights (Article-44)
  20. Modification of rights in respect of disciplinary law (Article-45)
  21. Power to provide indemnity (Article-46)
  22. Saving for certain laws (Article-47)
  23. Inapplicability of certain articles (Article-47A)

Case law

Judicial precedent is enshrined under Article 111 of the Constitution of Bangladesh.[4]

Bangladeshi courts have provided vital judicial precedent in areas like constitutional law, such as in Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh, which declared martial law illegal. The judgement of Secretary, Ministry of Finance v Masdar Hossain asserted the separation of powers and judicial independence.

In Aruna Sen v. Government of Bangladesh, the Supreme Court set a precedent against

unlawful detention and torture. The court affirmed the principle of natural justice in the judgement of Abdul Latif Mirza v. Government of Bangladesh. The two verdicts were precedents for invalidating most detentions under the Special Powers Act, 1974
.

The doctrine of

judicial precedent
.

Codification and language

The Bangladesh Code has been published since 1977. Most of its laws, dating between 1836 and 1987, are in English. Following a government circular in 1987, the code has been published primarily in Bengali. The language of the Supreme Court and High Court is English. However, most magistrates courts and district courts use Bengali. The lack of a uniform language has been a cause of concern, with arguments in favor of both English and Bengali. The country's financial sector depends on English, whereas cultural nationalists prefer Bengali.

Freedom of information

The Right to Information Act 2009 passed by the Jatiyo Sangshad was hailed as a major reform. The law allows information requests to most government departments, except the military. Hence, security agreements with foreign countries are not under its purview.

As of 2016, 76,043 requests have been made to the

Chief Information Commissioner by citizens and organizations.[5]

Criminal law

The main criminal laws are

Company law

Bangladesh's

Bangladesh Securities and Exchange Commission to oversee the country's two stock markets.[8]

Contract law

Bangladeshi contract law is based on the Contract Act 1872 and the Sale of Goods Act 1930.

According to the World Bank's 2016 ease of doing business index, Bangladesh ranks 189th in enforcing contracts.[9]

Religious law

Bangladeshi Christians.[11]

Tax law

The Customs Act 1969 is the basis of

Value Added Tax was revised with the Value Added Tax (VAT) and Supplementary Duty (SD) Act 2012.[14]

The Municipal Taxation Act 1881 governs municipal taxes.[15]

Labour law

The Bangladesh Labour Act 2006 was amended with the Bangladesh Labour (Amendment) Bill, 2013 to improve

export processing zones.[16]

Property law

The constitution guarantees the right to

RAJUK restrict property transfers in urban areas through foreign direct investment. The Vested Property Act
allows the government to confiscate property from entities or individuals deemed as enemies of the state.

Intellectual property law

The

copyright law.[17] The Patent and Design Rules were introduced in 1933. The Copyright Act 2000, Copyright Rules 2006 and Trademarks Act 2009 are the other main laws.[18]

Judiciary

The general hierarchy includes both civil and criminal courts. At the top hierarchy is the Supreme Court of Bangladesh.

Judicial review

High Court Division
under Article 102 of the constitution.

Alternative dispute resolution

The Bangladesh International Arbitration Center is the sole court of commercial arbitration in the country. It is the country's first center for alternative dispute resolution.

Legal profession

A Bangladeshi lawyer is termed an advocate when he or she enters the Bar. Law students can train abroad, including as barristers in the United Kingdom; as well as in other countries; and return to enroll as advocates in the Bangladeshi bar.

The Bangladesh Bar Council and the Bangladesh Supreme Court Bar Association are the leading lawyers' societies in the country. Many of Asia's leading lawyers. such as former Amnesty International chief Irene Khan, have been Bangladeshi.

See also

References

  1. ^ "A Research Guide to the Legal System of the People's Republic of Bangladesh - GlobaLex". Nyulawglobal.org. Retrieved 2017-07-11.
  2. ^ "World Justice Project Rule of Law Index 2016" (PDF). World Justice Project.
  3. ^ "Constitution of the People’s Republic of Bangladesh". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
  4. ^ "111. Binding effect of Supreme Court judgments". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
  5. ^ "People's right to information". The Daily Star. 29 September 2016. Retrieved 2017-07-11.
  6. ^ "Penal Laws". Banglapedia. 2015-02-16. Retrieved 2017-07-11.
  7. ^ "New anti-terror law passed". bdnews24.com.
  8. ^ "Company Law". Banglapedia. 2014-09-09. Retrieved 2017-07-11.
  9. ^ "Ranking of economies - Doing Business - World Bank Group". Doing Business. Retrieved 2017-07-11.
  10. ^ "Personal laws in Bangladesh: require enactment and amendment". The Daily Observer. 2015-07-09. Retrieved 2017-07-11.
  11. ^ "Christian Marriage Act, 1872 (Act No. XV of 1872)". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
  12. ^ "Act No. IV OF 1969" (PDF). National Board of Revenue.
  13. ^ "Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984)". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
  14. ^ "The Value Added Tax and Supplementary Duty Act, 2012" (PDF). National Board of Revenue.
  15. ^ "Municipal Taxation Act, 1881 (Act No. XI of 1881)". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
  16. ^ Asif Showkat Kallol (2017-04-24). "Govt to now allow trade unions in EPZ factories". Dhaka Tribune. Retrieved 2017-07-11.
  17. ^ "Economic Policy Paper on Copyright, Trademark and Patent Protection" (PDF). Archived from the original (PDF) on 2014-07-02. Retrieved 2017-07-08.
  18. ^ "Bangladesh: IP Laws and Treaties". Wipo.int. Retrieved 2017-07-11.

External links